City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Tuesday, May 14, 2013, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member Dean Karsky Council Member Rex Rolfing Council Member Kermit L. Staggers Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member James Entenman Council Member Michelle Erpenbach Council Member Greg Jamison Mayor Mike T. Huether INVOCATION  Pastor Kirk Flaa, Abiding Savior Free Lutheran Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Sue Aguilar to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. MINUTES  City Council Meeting of Tuesday, May 7, 2013, at 7:00 p.m. COMMUNICATIONS 1. Approval of Contracts/Agreements on May 2, 2013 memo. Sponsor: Mayor/Finance 2. Notice of change orders on May 2, 2013 memo. Sponsor: Mayor/Finance 3. Report of Request for Quotes for Fuel dated: May 3, 2013; #2 Dyed Diesel Fuel; 7,500 gallons; Harms Oil ($3.0700); CHS, Inc., Howes Oil, Midwest Oil, and Olson Oil, all no bids. Bid awarded to: Harms Oil. Sponsor: Mayor/Fleet 4. A communication was received from Carla White requesting permission to consume, but not sell, beer and wine at the Sioux Falls Design Center, 108 W. 11th St., on Thursday, May 30, 2013 from 5:00 p.m. until 9:00 p.m. for a book launch and signing. Sponsor: SDCL 35-1-5.3 5. A communication was received from Sanford Health requesting permission to consume, but not sell, wine and malt beverages at the Sanford Center, 2301 E. 60th St. North, on Saturday, July 13, 2013 from 10:00 a.m. until 5:00 p.m. for the 2013 American Diabetes Association Tour de Cure event. Sponsor: SDCL 35-1-5.3 6. A communication was received from Julio Avendano Jr. requesting permission to consume, but not sell, beer at the Multi-Cultural Center, 515 N. Main Ave., on Saturday, July 13, 2013 from 5:00 p.m. until 12:00 a.m. for a wedding. Sponsor: SDCL 35-1-5.3 7. A communication was received from the St. Joseph Cathedral requesting permission to consume, but not sell, beer and wine at the Cathedral Parish Hall, 521 N. Duluth Ave., on Wednesday, May 22, 2013, from 8:00 p.m. until 11:00 p.m. for the purpose of a choir reception. Sponsor: SDCL 35-1-5.3 8. A communication was received from Trisha Venenga and Bryan Sanderson requesting permission to consume, but not sell, liquor, wine and/or malt beverages at the Old Courthouse Museum, 200 W. 6th Street on Saturday, September 7, 2013 from 12:00 p.m. to 1:00 a.m. for the purpose of a wedding, reception, and dance. Sponsor: SDCL 35-1-5.3 APPLICATIONS The following abatements were recommended for approval by the Director of Equalization and the State's Attorney's Office for Minnehaha County; and the City Attorney for Sioux Falls: 9. Special Olympics of South Dakota, Inc. 900 E. I-90 Lane, for 2012 property taxes in the amount of $1,151.56. . Sponsor: SDCL 10-18-1 10. The Point Is To Serve, Inc., 506 N. Kiwanis Avenue, for 2012 property taxes in the amount of $24,520.19. The church purchased the property on February 8, 2012. Sponsor: SDCL 10-18-1 11. Vernon C. Cobb, 6505 W. Allysum Street, for 2012 property taxes in the amount of $1,504.77. Sponsor: SDCL 10-4-40 12. William F. Decker, 1017 S. Sunburst Place, for 2012 property taxes in the amount of $342.20. Sponsor: SDCL 10-4-40 13. Lena (D'Andrea) Peters, 2605 N. Sweet Grass Avenue, for 2012 property taxes in the amount of $1,504.77. Sponsor: SDCL 10-4-40 14. Darwin Mundahl, 6310 W. 54th Street, for 2012 property taxes in the amount of $593.66. Sponsor: SDCL 10-4-40 15. Dennis J. Erdahl, 6700 W. Westminister Drive, for 2012 property taxes in the amount of $1,339.86. Sponsor: SDCL 10-4-40 16. Randall E. Knudtson, 725 S. Lowell Avenue, for 2012 property taxes in the amount of $1,504.77. Sponsor: SDCL 10-4-40 17. Gerald B. Flanagan, 409 E. Autumn Lane, for 2012 property taxes in the amount of $1,376.96. Sponsor: SDCL 10-4-40 18. Craig J. Anderberg, 808 S. Beta Place, for 2012 property taxes in the amount of $67.01. Sponsor: SDCL 10-4-40 19. Joan T. Reisdorfer, 2704 W. 29th Street, for 2012 property taxes in the amount of $1,504.77.  Sponsor: SDCL 10-4-40 20. Samuel S. Terry, 2000 E. Russell Street, for 2012 property taxes in the amouont of $602.47. Sponsor: SDCL 10-4-40 21. Fred W. Glaubitz, 2705 S. West Avenue, for 2012 property taxes in the amount of $1,504.77. Sponsor: SDCL 10-4-40 22. Randy W. Johnson, 2800 E. 18th Street, for 2012 property taxes in the amount of $1,504.77. Sponsor: SDCL 10-4-40 23. Bruce K. Lyman, 5101 W. Cushman Street, for 2012 property taxes in the amount of $1,504.77. Sponsor: SDCL 10-4-40 24. Judy A. Harvey, 1904 S. Hunters Circle, for 2012 property taxes in the amount of $1,504.77. Sponsor: SDCL 10-4-41 25. Penny D. Haugen, 2513 N. Sweet Grass Avenue, for 2012 property taxes in the amount of $1,504.77. Sponsor: SDCL 10-4-41 26. Tracey L. Kuemper, 1208 N. Lincoln Avenue, for 2012 property taxes in the amount of $1,504.77. Sponsor: SDCL 10-4-41 27. Donald D. Westberg, 5709 W. 16th Street, for 2012 property taxes in the amount of $1,575.99. Sponsor: SDCL 10-4-24.10 REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Greg Jamison and seconded by Council Member Kenny Anderson Jr. to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. PUBLIC INPUT Margret Sumption, Paula Gordon, Jon Sommervold, Kristina Hein, Grace Wellman, Matthew DeWitte, Kady Harris, and Corrine Pelzer spoke about the need for an indoor pool and support of the Aquatics Facilities Master Plan. Tim Stanga spoke about Coffee with the Council and tree trimming. Mayor Huether recognized students from the University of Sioux Falls and representatives of the Sioux Falls Aquatics Association. INTRODUCTION AND ADOPTION OF ORDINANCES 28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE RELEASE OF A PORTION OF A PERMANENT UTILITY EASEMENT LOCATED IN LOT 6, BLOCK 2, SIOUX EMPIRE DEVELOPMENT PARK THREE EAST ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AND VACATED PUBLIC RIGHT-OF-WAY IN SECTION 4, T101N, R49W OF THE 5TH PRINCIPLE MERIDIAN, MINNEHAHA COUNTY, SOUTH DAKOTA. Sponsor: Mayor/Public Works A motion was made by Council Member Michelle Erpenbach and seconded by Council Member James Entenman to adopt said Ordinance 26-13. Vote to adopt: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. 29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. ($1,834,000.00. Departements: Fire Rescue, Health, City Council, Transit, Engineering, and Street). Sponsor: City Council A motion was made by Council Member Greg Jamison and seconded by Council Member Michelle Erpenbach to adopt said Ordinance 27-13. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Kermit L. Staggers to amend the ordinance by removing the City Council Item for $63,000. Vote to amend: Roll Call: Yeses, Kermit L. Staggers, Kenny Anderson Jr., James Entenman, 3. Noes, Dean Karsky, Rex Rolfing, Sue Aguilar, Michelle Erpenbach, Greg Jamison, 5.  Motion Failed. A motion was made by Council Member Kermit L. Staggers and seconded by Council Member Dean Karsky to amend the ordinance by adding that the $63,000 will be paid upon contingent of having a signed contract with the State Theater. Vote to amend: Roll Call: Yeses, Dean Karsky, Kermit L. Staggers, Kenny Anderson Jr., James Entenman, Greg Jamison, 5. Noes, Rex Rolfing, Sue Aguilar, Michelle Erpenbach, 3. Motion Passed. Vote to approve, as amended: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. 30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY REGARDING ALCOHOLIC BEVERAGES AT FALLS PARK OVERLOOK CAFÉ. Sponsor: Mayor/Parks and Recreation A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to adopt said Ordinance 28-13. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member James Entenman to amend subsection (b) by replacing "of alcoholic beverages" with "of wine and malt beverages" and replacing "within its official real property legal description" with "within the Cafe's building and patio area." Vote to amend: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, James Entenman, Michelle Erpenbach, Greg Jamison, 7. Noes, Kenny Anderson Jr., 1. Motion Passed. Vote to adopt, as amended: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, James Entenman, Michelle Erpenbach, Greg Jamison, 7. Noes, Kenny Anderson Jr., 1. Motion Passed. Set a date of hearing and 2nd Reading for Tuesday, June 11, 2013, at 7:00 p.m. for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE RELEASE OF A PORTION OF A PERMANENT UTILITY EASEMENT LOCATED IN LOT 2A OF JUDEE ESTATES ADDITION, LINCOLN COUNTY, SOUTH DAKOTA, TO THE CITY OF SIOUX FALLS,  LINCOLN COUNTY, SOUTH DAKOTA. Sponsor: Mayor/Public Works A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Tuesday, June 11, 2013, at 7:00 p.m. Vote to set a date of hearing: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 32. A RESOLUTION AMENDING THE CITY OF SIOUX FALLS ENGINEERING DESIGN STANDARDS. Sponsor: Mayor/Public Works A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to adopt said Resolution 34-13. Vote to adopt: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. RESOLUTION NO. 34-13 A RESOLUTION AMENDING THE CITY OF SIOUX FALLS ENGINEERING DESIGN STANDARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the City of Sioux Falls Engineering Design Standards adopted by Resolution 107-99 are hereby amended by revising Chapter 14, Acceptance Procedures and Requirements for Private Construction of Public Improvements. The revised chapter is attached to this resolution by reference. Date adopted: 05/14/13. Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 33. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON N. MARKEY AVE. FROM NORTH RIGHT-OF-WAY LINE OF W. TICKMAN  ST. TO SOUTH RIGHT-OF-WAY LINE OF W. CAYMAN ST. Sponsor: Mayor/Public Works A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Sue Aguilar to adopt said Resolution 35-13. Vote to adopt: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. RESOLUTION NO. 35-13 A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON N. MARKEY AVE. FROM NORTH RIGHT-OF-WAY LINE OF W. TICKMAN ST. TO SOUTH RIGHT-OF-WAY LINE OF W. CAYMAN ST. WHEREAS, a petition of the owners of Lot 1 Block 3 Thelin Business Center Addition Lot 2A Block 3 Thelin Business Center Addition Lot 3 Block 3 Thelin Business Center Addition Tract 5 (Ex Lot H1 and H2) Tickman Addition Lot C (Ex Lot H1) Tract 1 Tickman Addition Vacated N Potter Avenue from vacated W Thelin Street 213ꞌ N Lying Adjacent & N1/2 N1/2 (Ex Lot H1, H2, H3 & H4 & Ex Thelin Addn & Ex Thelin Business Center Addn) Section 1-101-50 to the City of Sioux Falls, Minnehaha County, South Dakota has been filed with the City Clerk, asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given, and said notice was properly published; and WHEREAS, the hearing was held on May 14, 2013, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street or alley and no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the public right-of-way on N. Markey Ave. from north right-of-way line of W. Tickman St. to south right-of-way line of W. Cayman St. to the City of Sioux Falls, Minnehaha County, South Dakota, be and the same hereby is declared vacated, subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property as shown on attached Exhibit A, and that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 05/14/13. Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 34. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON A PORTION OF W. RUSSELL ST. RIGHT-OF-WAY AS SHOWN ON EXHIBIT A. Sponsor: Mayor/Public Works A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to adopt said Resolution 36-13. Vote to adopt: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. RESOLUTION NO. 36-13 A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON A PORTION OF W. RUSSELL ST. RIGHT-OF-WAY AS SHOWN ON EXHIBIT A. WHEREAS, a petition of the owners of Lot 1 Block 2 Sioux Falls Center Addition Lot 2C Block 2 Sioux Falls Center Addition to the City of Sioux Falls, Minnehaha County, South Dakota has been filed with the City Clerk, asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given, and said notice was properly published; and WHEREAS, the hearing was held on May 14, 2013, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street or alley and no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the public right-of-way on a portion of W. Russell St. right-of-way as shown on Exhibit A to the City of Sioux Falls, Minnehaha County, South Dakota, be and the same hereby is declared vacated, subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property for drainage, sewer, water and gas mains, electric, telephone lines, cable TV, and all public utility uses required or authorized by the City of Sioux Falls, and that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 05/14/13. Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk 35. A RESOLUTION AMENDING THE 2013–2017 CAPITAL PROGRAM. ($1,834,000.00. Departments: Fire Rescue, Health, City Council, Transit,  Engineering, and Street). Sponsor: City Council A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to adopt said Resolution 37-13. Vote to adopt: Roll Call: Yeses, Dean Karsky, Rex Rolfing, Kermit L. Staggers, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, 8. Noes, 0. Motion Passed. RESOLUTION NO. 37-13 A RESOLUTION AMENDING THE 2013–2017 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2013–2017 Capital Program shall be amended as follows: Fire Rescue Amend the Other Capital Expenditures Program by adding a fire station alerting system in 2013. The estimated cost is $290,000 and will require an increase in appropriations that will be funded by the Sales/Use Tax Fund. Amend the Other Capital Expenditures Program by adding a tractor in 2013. The estimated cost is $45,000 and will require an increase in appropriations that will be funded by the Sales/Use Tax Fund. Health Amend the Other Capital Expenditures Program by adding an ADA lift chair in 2013. The estimated cost is $15,000 and will require an increase in appropriations that will be funded by the Sales/Use Tax Fund. City Council Amend the Other Capital Expenditures Program by adding a projector for the State Theatre in 2013. The estimated cost is $63,000 and will require an increase in appropriations that will be funded by the Sales/Use Tax Fund. Transit Amend the Capital Improvements Program by adding a new project, ADA Accessible Bus Stops, in 2013. The estimated cost is $46,000 and will require an increase in appropriations that will be funded by the Sales/Use Tax Fund. Public Works—Engineering Amend the Capital Improvements Program by adding a new project, ADA Improvements, in 2013. The estimated cost is $375,000 and will fund ADA curb ramp upgrades in various locations. The additional funding will require an increase in appropriations that will be funded by the Sales and Use Tax Fund. Amend Capital Improvements Program Project No. 151014, Traffic Signal Improvements, by increasing the amount of funding for traffic signal system installations (26th St. and Red Oak Dr., 33rd St. and Sycamore Ave., and Sertoma Ave. near Roosevelt High School) by $240,000 in 2013. The additional funding will require an increase in appropriations that will be funded by the Sales/Use Tax Fund. Amend Capital Improvements Program Project No. 124099, Communications Network Upgrade for City Facilities, by increasing the amount of funding for an adaptive traffic signal system at E. 26th St. by $210,000 in 2013. The additional funding will require an increase in appropriations that will be funded by the Sales/Use Tax Fund. Public Works—Street Amend Capital Improvements Program Project No. 021033, Overlay and Seal Coating Program Asphalt Streets, by increasing the amount of funding for Marion Rd. from Maple St. to 60th St. N. by $550,000 in 2013. The additional funding will require an increase in appropriations that will be funded by the Sales/Use Tax Fund. Date adopted: 05/14/13. Mike T. Huether Mayor ATTEST: Lorie Hogstad City Clerk ADJOURNMENT A motion was made by Council Member Sue Aguilar and seconded by Council Member Kenny Anderson Jr. to adjourn at 8:17 p.m. The Mayor called for a voice vote. All members voted yes. Denise D. Tucker, CMC Assistant City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8080 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES. LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK: INFORMATIONAL MEETINGS AIR LIVE ON TUESDAYS EACH MONTH AT 4:00 P.M. COUNCIL COMMITTEE MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH IMMEDIATELY FOLLOWING THE INFORMATIONAL MEETING. CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD TUESDAYS OF EACH MONTH AT 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE FOURTH TUESDAY OF EACH MONTH AT 5:00 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK. CITYLINK REBROADCAST: INFORMATIONAL MEETINGS AT 1:30 A.M. AND 9:00 A.M. ON THURSDAYS, AND 6:00 P.M. ON SATURDAYS. COUNCIL COMMITTEE MEETINGS AT 12:30 A.M. AND 8:00 A.M. ON THURSDAYS, AND 5:00 P.M. ON SATURDAYS. CITY COUNCIL MEETINGS AT 2:30 AM AND 10:00 A.M. ON THURSDAYS, AND 7:00 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 8:00 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1:00 P.M. ON FIRST SUNDAY AFTER LIVE MEETING.